Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

The Bill provides for the staff of Forfás to transfer to various bodies under terms and conditions of service relating to remuneration no less favourable than those they currently enjoy. This provision is in line with other recent legislation relating to public sector reorganisations. However, Forfás staff and their representative bodies expressed concerns that the provision represented a dilution of terms and conditions under existing industrial development legislation, which provided for staff to transfer under existing terms and conditions, including but not confined to those relating to remuneration. As such, staff representatives requested that the provisions enacted in respect of staff transferring to Irish Water under the Water Services Act 2013, which encompass that protection, be inserted in this Bill.
Following discussions between my Department and the Department of Public Expenditure and Reform and trade union representatives, it was agreed to amend the language used in the Bill to provide for the transfer of staff under existing terms and conditions, including those relating to remuneration. This agreement was subject to the putting in place of a protocol between the relevant bodies specifying the non-pay and non-pension terms and conditions of employment that apply in respect of Forfás staff redeploying to other State organisations. The purpose of this protocol is to ensure the terms and conditions identified are in line with existing public service norms and avoid the continuation of any atypical arrangements which would no longer be considered appropriate. A draft protocol agreement has been agreed between the management and union representatives.
Accordingly, we are happy to broaden the language used in the Bill to provide for staff to transfer under existing terms and conditions, including those relating to remuneration. The subsections requiring amendment are subsection 6(2), which relates to staff transferring to Enterprise Ireland; subsection 9(2), staff transferring to IDA Ireland; subsection 12(2), staff transferring to Science Foundation Ireland; subsection 14(2), staff transferring to the National Standards Authority of Ireland; subsection 24(2), staff transferring to the Department; and subsection 54A(3) of the Safety, Health and Welfare at Work Act 2005, as inserted by section 31 of the Bill, dealing with staff transferring to the Health and Safety Authority. In each instance, the relevant subsection will now state as follows:

Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a person referred to in subsection (1) shall be subject to such terms and conditions of service including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before the coming into operation of this section.